Court of Appeals of Indiana | Memorandum Decision 19A-JT-2554 | March 20, 2020 Page 1 of 18

MEMORANDUM DECISION

Pursuant to Ind. Appellate Rule 65(D), 

this Memorandum Decision shall not be 

regarded as precedent or cited before any 

court except for the purpose of establishing 

the defense of res judicata, collateral 

estoppel, or the law of the case.

ATTORNEY FOR APPELLANT

Harold E. Amstutz

Lafayette, Indiana

ATTORNEYS FOR APPELLEE

Curtis T. Hill, Jr.

Attorney General of Indiana

Abigail R. Recker

Deputy Attorney General

Indianapolis, Indiana

IN THE

COURT OF APPEALS OF INDIANA

In re the Involuntary

Termination of the Parent-Child 

Relationship of:

D.P., Jr. (Minor Child),

and

D.P., Sr. (Father),

Appellant-Respondent,

v. 

Indiana Department of Child 

Services, 

Appellee-Petitioner

March 20, 2020

Court of Appeals Case No.

19A-JT-2554 

Appeal from the Tippecanoe 

Superior Court

The Honorable Faith Graham, 

Judge

Trial Court Cause No.

79D03-1902-JT-34 
Court of Appeals of Indiana | Memorandum Decision 19A-JT-2554 | March 20, 2020 Page 2 of 18

Altice, Judge.

Case Summary

[1] D.P., Sr. (Father) appeals from the trial court’s order involuntarily terminating 

his parental rights to his son, D.P., Jr. (Child).1

 Father challenges the 

sufficiency of the evidence supporting the termination order.

[2] We affirm.

Facts & Procedural History

[3] Mother and Father (collectively, Parents) have been in a relationship since 

about 2016, and Mother became pregnant with Child in 2017. During the 

pregnancy, they moved from Wisconsin to Indiana with two of Mother’s 

children, A.C. (born in April 2012) and J.S. (born in April 2016).2

 Father acted 

as a father figure to A.C. and J.S. The Indiana Department of Child Services 

(DCS) became involved with the family in November 2017 due to allegations of 

physical abuse of A.C. as well as neglect due to lack of food while in Parents’ 

care. The DCS assessment worker closed the case after a couple weeks.

[4] Thereafter, Child was born on January 7, 2018, at over thirty-eight weeks 

gestation. He weighed 6 pounds 7.4 ounces at birth. Medical records at the 

1 The parental rights of Child’s mother A.S. (Mother) were also terminated with respect to Child and two of 

his half-siblings. Mother, however, does not participate in this appeal.

2 Mother has birthed four other children, none of whom are in her custody. Her parental rights have been 

terminated previously with respect to some or all of these children. 
Court of Appeals of Indiana | Memorandum Decision 19A-JT-2554 | March 20, 2020 Page 3 of 18

time indicated “concerns with suboptimal parenting” and noted that J.S. was

“in too-small carseat without sufficient clothing for cold weather” and that staff 

had witnessed A.C. “being struck in the arm” by Mother or Father at a previous 

appointment. Exhibits Vol. 2 at 111. Additionally, nursing notes taken the day 

following the birth indicated that “neither parent is caring for baby”, nurse is

having to “constantly remind them to feed baby”, and nurse is finding the baby 

“crying hungry and in saturated wet clothes.” Id. at 112. The hospital reported

these concerns to DCS, which then interviewed Parents and completed a home 

visit. Child was released from the hospital to Parents’ care on January 9, 2018, 

weighing 6 pounds 1.9 ounces.

3

[5] On February 14, 2018, Child was seen at Riggs Clinic for a well child check.

The doctor instructed Parents to take Child to the emergency room right away, 

but they proceeded to wait about five hours before doing so. DCS had already 

been notified prior to their arrival at the hospital that evening. The trial court’s 

findings detail Child’s presentation on arrival:

[Child] was pale, and his heart rate was low registering at 80/90 

when it should have been 140/160. Medical records indicate 

[Child] appeared “extremely thin and malnourished”. [Child’s] 

skin was wrinkled “due to a lack of adequate fat stores” and 

“appeared dry and flaking, which is another sign of 

malnutrition”. [Child] acted as though he had been starved. 

[Child] remained curled in a ball most of the time and did not 

wake or cry, often appearing very lethargic. [Child] was 

3 The trial court’s findings incorrectly indicate that Child was released on January 7, 2018, which was the day 

of his birth, weighing 6 pounds 19 ounces. The medical records clearly provide otherwise.
Court of Appeals of Indiana | Memorandum Decision 19A-JT-2554 | March 20, 2020 Page 4 of 18

diagnosed as Failure to Thrive due to inadequate calories and 

admitted to the hospital weighing 6 lbs. 1.2 oz.

Appellant’s Appendix Vol. 2 at 12.

[6] Despite Child’s critical condition, Parents became extremely upset about 

Child’s admission to the hospital and wanted to take him home. They believed 

there was nothing wrong with Child and repeatedly urged that his low weight

was due to his “preemie status,” although Child was not born premature. 

Exhibits Vol. 2 at 146. Parents told DCS assessment worker Laura Somerville 

that Child was “chubby” and “had been eating very well.” Transcript at 33. 

[7] On February 19, 2018, the treating physician spoke with Parents at length

regarding the situation. Parents indicated that they were not worried about 

Child’s condition when they went to the well child check five days earlier. 

Following the conversation, the physician noted in part:

[Parents] cannot seem to wake up every 2 hours to feed [Child] 

during the night – even though we have stressed that it is 

imperative that he eat often to make up for his huge deficit. I feel 

they have no insight or higher understanding of why he has had 

poor growth and they have not demonstrated that they ALONE 

can take care of his needs.

Exhibits Vol. 2 at 157 (emphasis in original). The physician voiced strong 

concerns for Child’s safety if returned to Parents’ care. While hospitalized, 

Child’s weight steadily increased with regular feedings.
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[8] On the day of Child’s discharge from the hospital, February 20, 2018, he was 

taken into emergency custody by DCS. Somerville, with law enforcement 

present, informed Parents of this decision. Mother, in turn, became angry and 

threatened that she was going to take A.C. and J.S. and leave the state. 

Somerville advised Parents that they could not take the children out of the state,

but Parents stormed out taking all of Child’s belongings with them. DCS’s 

original plan was to allow A.C. and J.S. to remain in the home with services, 

but as a result of Parents’ actions, Somerville decided to remove A.C. and J.S. 

as well.

[9] At the time of the removal of the older children later that afternoon, A.C. had 

bruising on one of her arms, J.S. had a large area of diaper rash, the children 

were without beds and had been sleeping on the floor with blankets, both had 

head lice, and A.C. reported not having been fed that day. A.C. also reported, 

and Mother later confirmed, that Parents had locked her in her room when she 

was bad and that she had destroyed the bottom of her door trying to get out.

[10] On February 22, 2018, DCS filed a petition alleging that Child, A.C., and J.S. 

were children in need of services (CHINS). The trial court ordered the 

continued detention of the children in foster care. Following a factfinding 

hearing, the trial court adjudicated all three children as CHINS in an order 

dated May 31, 2018 (the CHINS Order). In addition to outlining the details 

regarding Child’s hospitalization and diagnosis, the CHINS Order set out the 

following facts:
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Since the [Child]’s placement outside the care of the parents his 

weight has doubled and he currently weighs approximately 14 

LBS. Upon removal, [J.S.] and [A.C.] appeared healthy aside 

from diaper rash. Parents reported [J.S.] was on the autism 

spectrum however the Nurse Practitioner and the daycare 

provider have not observed signs of autism....

Mother and [Father] are currently in a relationship and reside 

together. Neither parent is employed. Parents report they 

obtained formula for the infant from the maintenance man and 

the landlord. Parents have a dog in the home that is displaying 

aggression and parents report no plan to have the animal 

removed.

Id. at 131. In the CHINS Order, the court also proceeded to disposition and 

adopted the statements, findings, and plan as set out in the predispositional 

report. Among other things, Parents were ordered to keep all appointments 

with service providers, “maintain suitable, safe and stable housing with 

adequate bedding, functional utilities, adequate supplies of food and food 

preparation facilities,” secure and maintain a stable source of income “adequate 

to support all household members,” and attend all scheduled visitations. Id. at 

165. Additionally, Father was ordered to participate in a parenting assessment, 

homebased case management, and a psychological evaluation, as well as follow 

all resulting recommendations.

[11] DCS family case manager (FCM) Lisa Vos took over the family’s case in 

March 2018. DCS held family and team meetings and referred Parents for

supervised visits, parenting assessments and education, psychological 
Court of Appeals of Indiana | Memorandum Decision 19A-JT-2554 | March 20, 2020 Page 7 of 18

evaluations, mental health assessments, substance abuse assessments, 

individual therapy, and homebased case management. 

[12] Father participated in a mental health assessment in April 2018, which resulted 

in a diagnosis of mild neurocognitive disorder due to traumatic brain injury

from being hit by a car in 2000. The assessment found that Father has 

borderline intellectual functioning, poor insight, and poor memory. Based on 

the assessment, Father was referred for individual therapy and services related 

to disability filing and insurance. However, he was subsequently discharged 

from individual therapy for lack of attendance and failure to comply with 

recommendations. Father was also referred for a psychological evaluation, but 

he never scheduled that evaluation.

[13] Mother and Father both struggle with unemployment and have a history of not 

holding jobs for more than a few days. Father occasionally donates plasma for 

income. His homebased case manager attempted to help him file for social 

security disability benefits, but he refused to provide documentation or attend

necessary doctor appointments. FCM Vos explained that Father had been 

discharged from several providers of homebased counseling due to 

noncompliance and had shown “a lot of reluctancy to work with [them] as far 

as getting put on any type of assistance”. Transcript at 86. Parents were often 

uncooperative and even dishonest with service providers.

[14] Throughout the CHINS case, Parents were referred to services with multiple 

agencies (including seven different agencies for supervised visits and six for case 
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management services) and repeatedly discharged for failure to follow policies 

and for lack of attendance. Parents were found in contempt on November 19, 

2018 for failing to attend scheduled homebased case management sessions and 

supervised parenting time, as well as failing to obtain Medicaid/insurance and 

necessary medical exams. Even after being found in contempt, Parents were 

discharged from case management services again in December. Further, their 

supervised visits with A.C. and J.S. were eventually suspended due to lack of 

attendance that was causing the children distress, and their visits with Child 

were reduced to once per month.

[15] Parents were evicted from their home in November 2018 and began living in a 

tent with their dog. When they attended a free Christmas dinner, they met 

Cherry Buckley, the CEO of Seeds of Hope, a community ministry program

that offers housing and wrap-around services. Seeds of Hope provided them 

with transitional housing in a rooming house, but they left after a few days

because they did not like it and went back to living in their tent. Their tent 

flooded a couple weeks later, and Parents moved into a motel before contacting 

Seeds of Hope again. The Seeds of Hope program was unaware of the CHINS 

case at the time.

[16] In late January 2019, Parents moved into an apartment through Seeds of Hope

and were required to pay rent of $500 per month plus utilities. On four 

occasions, Father was permitted to do maintenance work to reduce the rent, but 

he failed to meet work expectations each time and once did not show up. At 

some point Parents obtained a second dog, and they have sought assistance 
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from Seeds of Hope to feed the dogs, who are “quite aggressive.” Id. at 133. 

Parents have been reluctant to use food pantries due to “the quality of food”, 

which has required Seeds of Hope to gather food for them on a couple 

occasions. Id. at 135.

[17] Nancy Bundy with Seeds of Hope tried to work with Parents on budgeting so 

that they could afford housing and utilities. This proved “extremely 

challenging” because Parents were vague about their income, dishonest about 

employment, and “the numbers just didn’t add up.” Id. at 136. 

[18] Following the February 25, 2019 permanency hearing in the CHINS case, the 

trial court approved initiation of termination proceedings. DCS recommended 

this change in the permanency plan because, among other things, Parents 

continued to struggle with taking responsibility for their actions, had been 

repeatedly discharged from services due to lack of engagement, were on a stepdown visitation schedule due to missed visits, and were dishonest with service 

providers. In her report, the CASA urged the court to allow the initiation of 

termination proceedings, noting:

[DCS] has worked diligently to provide services to [Parents], but 

they have refused to be cooperative or participate in services in 

the last 12 months. There have been numerous family team 

meetings scheduled to discuss issues and parents either do not 

show up or fail to comply. They are currently working with the 

7th agency. The previous ones have resulted in discharge due to 

noncompliance. 
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The parents have been and continue to intentionally make 

misleading comments to all parties, including facilitators, 

potential employers, dentist, landlords and the court.

***

[Parents] feel no responsibility for their situation. They are the 

victims, nothing is their fault. CASA finds this lack of accepting 

responsibility astonishing and telling of their role in this problem.

All of the children have bonded with their foster parents and they 

are a family. The children refer to them as Mom and Dad and 

CASA has witnessed a loving atmosphere.

CASA feels it is in the best interest of the children to terminate 

the parent’s rights [sic] and allow the foster parents [to] proceed 

with adoption.

Exhibits Vol. 1 at 232-33.

[19] On March 7, 2019, DCS filed a petition for the involuntary termination of the 

parent-child relationship between Parents and Child, and the petition was 

amended a week later.

4

 The factfinding hearing in the termination case was 

held on June 11, 2019, at which the above facts were presented into evidence

through various witnesses and exhibits. Additionally, Buckley from Seeds of 

Hope testified that she had only learned of the DCS case and the children a few 

4 Termination petitions were also filed with respect to A.C. and J.S. As Father is not their father, we do not 

address the termination proceedings related to A.C. and J.S. and their respective fathers.
Court of Appeals of Indiana | Memorandum Decision 19A-JT-2554 | March 20, 2020 Page 11 of 18

months before the hearing. In Buckley’s opinion, Parents are not ready to 

parent, can “hardly support themselves,” and “[will] be lucky if they can stay in 

housing, the two of ‘em.” Transcript at 129, 130. She expressed her concerns 

directly to Parents a couple months before the hearing, but Buckley testified, “I 

don’t think they heard me at all.” Id. While she understood Parents’ longing to 

raise their children, based on what she had seen of Parents during their nearly 

six months with Seeds of Hope, Buckley indicated that she “could not 

recommend that in good heart, heart for the safety of their children long-term.” 

Id. at 130.

[20] FCM Vos testified regarding Parents’ lack of progress, frequent discharges from 

services, reluctance to work with homebased case managers and to provide 

needed information for Father to obtain disability benefits, and overall failure to 

take any responsibility. According to FCM Vos, “it kinda just feels like we’re 

right where we started.” Id. at 72. She recommended termination and 

adoption by the current foster family5 as in Child’s best interests and opined 

that continuation of the parent-child relationship would harm Child.

[21] Similarly, the CASA supported termination of parental rights and adoption as 

in the best interests of Child, as well as A.C. and J.S. She noted Parents’ 

“insignificant progress over the last seventeen months”, their failure to comply 

with “basically any of the requests from DCS”, their instability and inability to 

5 Since May 2018, Child has been in the same foster home as A.C. and J.S. The children are all bonded with 

their foster family. The foster parents wish to adopt the sibling group.
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keep appointments, and their penchant to always blame someone else for their 

situation. Id. at 112.

[22] Mother testified and acknowledged that she and Father have had financial 

struggles. She claimed, however, that they had “got[ten] back on track” and 

explained, “[Father] does plasma and he just told me today that he wants to go 

find him a job and me stay home and be the home, mom with the kids.” Id. at 

145. Mother indicated that Father was currently behind on his half of the rent 

and that if he did not pay, he could face eviction. Father testified that his most 

recent job lasted two or three days and the one before that did not last long 

because he “threatened to run a guy over with [a] forklift.” Id. at 168.

[23] On October 9, 2019, the trial court issued a detailed order granting the 

involuntary termination of Father’s (and Mother’s) parental rights. Father now 

appeals.

Discussion & Decision

[24] When reviewing the termination of parental rights, we will not reweigh the 

evidence or judge the credibility of the witnesses. In re R.S., 56 N.E.3d 625, 628 

(Ind. 2016). Instead, we consider only the evidence and reasonable inferences 

most favorable to the judgment. In re D.D., 804 N.E.2d 258, 265 (Ind. Ct. App. 

2004), trans. denied. In deference to the trial court’s unique position to assess 

the evidence, we will set aside its judgment terminating a parent-child 

relationship only if it is clearly erroneous. In re L.S., 717 N.E.2d 204, 208 (Ind. 

Ct. App. 1999), trans. denied. In light of the applicable clear and convincing 
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evidence standard, we review to determine whether the evidence clearly and 

convincingly supports the findings and whether the findings clearly and 

convincingly support the judgment. In re R.S., 56 N.E.3d at 628.

[25] We recognize that the traditional right of parents to “establish a home and raise 

their children is protected by the Fourteenth Amendment of the United States 

Constitution.” In re M.B., 666 N.E.2d 73, 76 (Ind. Ct. App. 1996), trans. denied. 

Although parental rights are of constitutional dimension, the law provides for 

the termination of these rights when parents are unable or unwilling to meet 

their parental responsibilities. In re R.H., 892 N.E.2d 144, 149 (Ind. Ct. App. 

2008). In addition, a court must subordinate the interests of the parents to those 

of the child when evaluating the circumstances surrounding the termination. In

re K.S., 750 N.E.2d 832, 836 (Ind. Ct. App. 2001). The purpose of terminating 

parental rights is not to punish the parents, but to protect their children. Id.

[26] Before an involuntary termination of parental rights may occur in Indiana, DCS 

is required to allege and prove by clear and convincing evidence, among other 

things, that one of the following is true:

(i) There is a reasonable probability that the conditions that 

resulted in the child’s removal or the reasons for placement 

outside the home of the parents will not be remedied.

(ii) There is a reasonable probability that the continuation of the 

parent-child relationship poses a threat to the well-being of the 

child.
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(iii) The child has, on two (2) separate occasions, been 

adjudicated a child in need of services[.]

Ind. Code § 31-35-2-4(b)(2)(B); Ind. Code § 31-37-14-2. DCS must also prove 

by clear and convincing evidence that termination is in the best interests of the 

child and that there is a satisfactory plan for the care and treatment of the child. 

I.C. § 31-35-2-4(b)(2)(C), (D); I.C. § 31-37-14-2. 

[27] On appeal, Father asserts that there is insufficient clear and convincing 

evidence that the conditions resulting in Child’s removal would not be 

remedied, that the continuation of the parent-child relationship poses a threat to 

the well-being of Child, and that termination is in the best interests of Child. 

We will address each in turn as needed.

[28] DSC presented ample evidence to establish by clear and convincing evidence 

that there is a reasonable probability that the conditions resulting in Child’s 

removal or continued placement outside the home will not be remedied by 

Father.6

 In making this determination, the trial court must judge a parent’s 

fitness to care for his or her child at the time of the termination hearing, taking 

into consideration evidence of changed conditions. In re J.T., 742 N.E.2d 509, 

512 (Ind. Ct. App. 2001), trans. denied. The court must also evaluate the 

parent’s habitual patterns of conduct to determine whether there is a substantial 

6 The trial court determined that DCS had proven both subsections (b)(2)(B)(i) and (b)(2)(B)(ii). Because 

DCS was required to establish only one of these by clear and convincing evidence, we focus our review on 

subsection (b)(2)(B)(i).
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probability of future neglect or deprivation of the child. Id. “A pattern of 

unwillingness to deal with parenting problems and to cooperate with those 

providing social services, in conjunction with unchanged conditions, support a 

finding that there exists no reasonable probability that the conditions will 

change.” In re L.S., 717 N.E.2d at 210. 

[29] Father’s primary argument in this regard is that his parental rights may not be 

terminated solely based on “his cognitive disabilities and intellectual challenges 

that resulted from his traumatic brain injury.” Appellant’s Brief at 17. “As our 

courts have long held: “Mental [disability] of the parents, standing alone, is not 

a proper ground for terminating parental rights.” In re V.A., 51 N.E.3d 1140, 

1147 (Ind. 2016) (quoting Egly v. Blackford Cty. Dep’t of Child Servs., 592 N.E.2d 

1232, 1234 (Ind. 1992)). 

[30] The trial court’s findings, here, do not indicate that termination was based 

solely, or even substantially, on Father’s cognitive disability. Rather, the 

evidence and findings reveal that time and again DCS provided Father with 

services to address his difficulties with scheduling, parenting, housing, and 

finances, including unsuccessful attempts to help him obtain disability benefits.7

 

Father, along with Mother, failed to comply with services or regularly visit 

Child, was unsuccessfully discharged by many providers, was dishonest with 

7 Father suggests that DCS failed to provide special services or tailor their normal services to Father’s 

disabilities, but he does not explain what additional services should have been provided him. The record, 

however, reflects that a number of services were referred and rereferred throughout the case, and Father 

consistently rebuffed efforts by said providers.
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those trying to assist him, and failed to take any responsibility for Child’s dire 

health condition that resulted from malnourishment while in his care. At the 

time of the termination hearing, Father had not secured employment or 

disability income and his housing was not stable, as he was behind on rent and 

not reliable in working off his rent when given the opportunity. Buckley, who 

had helped Parents with housing and services through Seeds of Hope for nearly 

six months leading up to the termination hearing, testified that Parents can 

“hardly support themselves,” and “[will] be lucky if they can stay in housing”. 

Transcript at 129, 130. 

[31] We have no doubt that Father loves Child, and we recognize that Father has no 

substance abuse issues or criminal history. But the reality is that at the time of 

the termination hearing, after sixteen months of services being offered him,

Father was in no better position to safely parent and provide for Child than he 

was at the time of removal. Cf. R.W., Sr., v. Marion Cty. Dep’t of Child. Servs., 892 

N.E.2d 239, 248-49 (Ind. Ct. App. 2008) (affirming termination where Mother 

refused to “take readily available steps to bridge the communication gap caused 

[by her disability]” and parents were not able to appropriately supervise the 

children, had failed to complete homebased services, had not achieved the 

dispositional goal of securing and maintaining safe and stable housing, and had 

made no significant overall improvement in the conditions leading to removal); 

R.G. v. Marion Cty. Office, Dep’t of Family & Children, 647 N.E.2d 326, 330 (Ind.

Ct. App. 1995) (considering parents’ mental disabilities as a factor in affirming 

the termination of parental rights and concluding that termination was 
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appropriate because “Mother and Father ha[d] been both unable and unwilling 

to develop the skills necessary to fulfill their legal obligations as a parent”), 

trans. denied. Contrary to Father’s assertions on appeal, it was not too early in 

the process to terminate his parental rights and there is no indication that 

“extending the CHINS case a few months” would have procured a different 

result for him. Appellant’s Brief at 20. In light of the facts presented at the 

termination hearing, we conclude that sufficient evidence supports the trial 

court’s determination that the conditions that led to Child’s removal and 

continued placement outside Father’s home will not be remedied.

[32] Turning to the best interest factor, Father asserts that DSC failed to prove with 

“individualized proof that [he] is unable to provide permanency for [Child]” 

and is, therefore, unfit. Id. at 24. In making this best-interests determination, 

the trial court is required to look beyond the factors identified by DCS and 

consider the totality of the evidence. In re J.C., 994 N.E.2d 278, 290 (Ind. Ct. 

App. 2013). The court must subordinate the interest of the parent to those of 

the child and need not wait until a child is irreversibly harmed before 

terminating the parent-child relationship. McBride v. Monroe Cty. Office of Family 

& Children, 798 N.E.2d 185, 199 (Ind. Ct. App. 2003). Our Supreme Court has

explained that “[p]ermanency is a central consideration in determining the best 

interests of a child.” In re G.Y., 904 N.E.2d 1257, 1265 (Ind. 2009). 

“Moreover, we have previously held that the recommendations of the case 

manager and court-appointed advocate to terminate parental rights, in addition 

to evidence that the conditions resulting in removal will not be remedied, is 
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sufficient to show by clear and convincing evidence that termination is in the 

child’s best interests.” In re J.S., 906 N.E.2d 226, 236 (Ind. Ct. App. 2009). 

[33] Father seems to suggest that the trial court’s best interest determination was 

based solely on the fact that there is a better place for Child to live. On the 

contrary, the evidence established that while in Father’s care, Child’s life was 

put at serious risk as a result of malnourishment. Father and Mother were not 

cognizant of Child’s dire condition at the time and have failed to accept 

responsibility since. Further, as discussed above, they have made little effort to 

prepare themselves to be able to safely parent Child and provide for his needs. 

Both the CASA and FCM Vos recommended termination was in Child’s best 

interests. Specifically, the CASA noted Father’s “insignificant progress over the 

last seventeen months” and failure to comply with “basically any of the requests 

from DCS”. Transcript at 112. Given the lack of progress, the likelihood of 

conditions not being remedied by Father, and the recommendations of the 

CASA and FCM Vos, the trial court properly determined that termination of 

Father’s parental rights is in the best interests of Child.

[34] Judgment affirmed.

Robb, J. and Bradford, C.J., concur.